There is no law that specifically says a private landlord cannot refuse a property to a tenant who will be claiming benefits. However, it is very possible that a blanket policy of refusing to let to tenants in receipt of benefits will be viewed as indirect discrimination.
Can a landlord refuse to accept a tenant on benefits?
Landlords who refuse to accept tenants on benefits. It is not illegal for a private landlord to refuse a property to a tenant who will be claiming benefits. Landlords have cited a number of reasons for adopting this stance: procedural and administrative delays with processing claims can lead to a build up of arrears.
Why are landlords reluctant to let to Housing Benefit claimants?
Historically, landlords were reluctant to let to HB claimants because of delays in processing HB applications, but since April 2008 a key factor influencing landlords has been the introduction of the Local Housing Allowance and the requirement that this, except in certain specified circumstances, is paid to claimants rather than landlords. Restr...
Is refusing to let to those on Housing Benefit a form of discrimination?
Refusing to let to those in receipt of Housing Benefit is unlikely to amount to direct discrimination as income and employment status are not protected characteristics under the Equality Act 2010, however, it may be a form of indirect discrimination.
Can a tenant receive less housing benefit than they pay in rent?
It’s common for a tenant to receive significantly less housing benefit than the tenant is expected to pay in rent.
Can housing benefit be refused?
There is no law that specifically says a private landlord cannot refuse a property to a tenant who will be claiming benefits. However, it is very possible that a blanket policy of refusing to let to tenants in receipt of benefits will be viewed as indirect discrimination.
Can a landlord refuse DSS UK?
No, they can't. In September 2020, housing benefit discrimination was ruled unlawful in a landmark court ruling. At the historic hearing at York County Court, 'no DSS' discrimination was declared unlawful, meaning letting agents and private landlords cannot refuse to accept tenants on this basis.
Is it legal not to accept DSS?
'No DSS' policies are unlawful discrimination The courts have ruled that No DSS policies are unlawful because they indirectly discriminate against women and disabled people. You can complain if you've faced DSS discrimination as you look for a home, regardless of your sex or disability.
Do I have to inform my landlord if I claim Housing Benefit?
You only need to tell your landlord or letting agent you get Housing Benefit or Universal Credit if they ask. If you're turned down for a property because of any benefits you get, try speaking to the landlord or letting agent.
What is the landmark case in York County Court?
In what was described as a ‘landmark’ case, District Judge Victoria Elizabeth Mark sitting in York County Court, considered the case of a disabled single parent who had an application for private rented housing refused by a letting agent based on her receipt of Housing Benefit. In a judgment dated 2 July 2020, which was widely reported in the media on 14 July 2020, she held that the letting agent was in breach of the Equality Act 2010. The judgment declared that:
How long did LHA freeze?
Further restrictions were introduced; for example, LHA rates were frozen with effect from April 2016 for four years. This added to landlords’ concerns about the gap between LHA and market rent levels. Evidence of disparities between actual rent levels and LHA rates payable submitted to the Communities and Local Government Select Committee’s inquiry into homelessness (2016) led the Committee to recommend that “Local Housing Allowances levels should also be reviewed so that they more closely reflect market rents.”
When did the LHA restrictions start?
Restrictions on the level of LHA paid to claimants were introduced by the Coalition Government in April 2011 – these changes led various housing bodies, including representative bodies of private landlords, to argue that HB claimants were being priced out of the market.
When was the No DSS inquiry?
The issue had attracted an increased level of attention in recent years. On 21 February 2019 the Work and Pensions Select Committee launched an inquiry into No DSS: discrimination against benefit claimants in the housing sector – the inquiry had not concluded before the dissolution of Parliament for the 2019 General Election.
Do private landlords accept DSS?
It is not unusual for private landlords and letting agents to advertise properties to let stating that they will not accept applications from people who rely on Housing Benefit (HB) to pay their rent. Despite the Department of Social Security not having existed since 2001, the phrase used in adverts is usually “No DSS”.
Will DSS disappear in 2020?
In the wake of the finding of indirect discrimination in July 2020, it seems likely that instances of blanket ‘No DSS’ adverts will disappear . However, affordability checks based on a tenant’s individual circumstances will still be possible.
When was the Birmingham County Court case handed down?
This was followed by a case considered in Birmingham County Court in which judgment was handed down on 8 September 2020.
Is is direct discrimination?
Refusing to let to those in receipt of Housing Benefit is unlikely to amount to direct discrimination as income and employment status are not protected characteristics under the Equality Act 2010, however, it may be a form of indirect discrimination.
Tenants in NI who want to rent privately
Tenants in Northern Ireland on Housing Benefit/Universal Credit who are looking to rent privately should contact Smartmove who have a database of landlords who are happy to accept tenants in receipt of benefits. The officers at Smartmove can also help tenants make a claim for housing benefit and Discretionary Housing Payments.
Housing Rights Helpline
If you or a client need advice on entering the private rented sector when on housing benefit or universal credit, call us on 028 90245640.
What is a landmark case?
In what was described as a ‘landmark’ case, District Judge Victoria Elizabeth Mark sitting in York County Court, considered the case of a disabled single parent who had an application for private rented housing refused by a letting agent based on her receipt of Housing Benefit. In a judgment dated 2 July 2020, which was widely reported in the media on 14 July 2020, she held that the letting agent was in breach of the Equality Act 2010. The judgment declared that:
How long did LHA freeze?
Further restrictions were introduced; for example, LHA rates were frozen with effect from April 2016 for four years. This added to landlords’ concerns about the gap between LHA and market rent levels. Evidence of disparities between actual rent levels and LHA rates payable submitted to the Communities and Local Government Select Committee’s inquiry into homelessness (2016) led the Committee to recommend that “Local Housing Allowances levels should also be reviewed so that they more closely reflect market rents.”
Will DSS disappear in 2020?
In the wake of the finding of indirect discrimination in July 2020, it seems likely that instances of blanket ‘No DSS’ adverts will disappear . However, affordability checks based on a tenant’s individual circumstances will still be possible.
When was the PRS briefing paper published?
Those who believe that Government is not aware of the issues facing landlords in the PRS may be surprised by the detailed analysis in the Briefing Paper published on 13th October by the House of Commons library. The summary is quoted below but I recommend reading the whole report, which can be downloaded if you click here.
Can landlords refuse to let to benefit claimants?
There is no definitive information on the extent to which landlords have refused to let to benefit claimants. Reported survey evidence has suggested an increase in the practice in recent years.
Who is the policy director of the National Residential Landlords Association?
Reacting to the judgment, Chris Norris , policy director for the National Residential Landlords Association (NRLA) reportedly said:
What is HACSC voucher?
HACSC also provides landlords who accept vouchers with some financial security. Landlords can be reimbursed up to $2,500 to cover unit damage, unpaid rent and legal fees if a tenant leaves the apartment in the first year. DCHA has a landlord advisory committee and raised eligible rents.
Why do landlords complain about inspections?
Landlords also complain that the inspection process is arbitrary . An apartment may receive a passing grade one year, and then fail the next with a different inspector. One landlord representative said that while units occupied by voucher tenants have higher maintenance costs, it is mostly because of the need to keep up with inspections rather than damage by residents.
What is landlord inspection?
One of the most common landlord issues is annual inspections. On the positive side, annual inspections make sure that apartments supported by taxpayer dollars meet basic health and safety standards. Doing the inspections each year means that landlords need to keep their units up over time.
Why is Section 8 so ironic?
It is ironic that Section 8 vouchers were designed to help people move to areas of opportunity. Instead, landlord rejection of this rental assistance has contributed to greater racial segregation and concentration of poverty.
What is Section 8 housing?
The Section 8 Housing Choice Voucher (HCV) program is the largest federal rental subsidy program. It serves over 2.1 million low-income households. The program depends on private landlord participation, since voucher holders use their Section 8 rental assistance to lease apartments on the private market.
How long does it take to find an apartment with HUD?
They must also pass an annual inspection and meet HUD’s Housing Quality Standards (HQS). Voucher holders have 60 days to find an apartment that meets the program guidelines, although it is possible to get short extensions.
Do landlords have to accept vouchers?
But even in cities with SOI anti-discrimination laws on the books, some landlords still refuse to accept tenants with vouchers. It is often hard to enforce SOI laws, since landlords can often cite other reasons besides source of income to reject applicants.
